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Patna High Court

Hiramani DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to regular bail.

Summary

The petitioner, Hiramani Devi, applied for regular bail in a case where she is alleged to have participated in the torture and death of her daughter‑in‑law, the informant’s daughter, under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the victim was beaten because she had not borne a son and eventually died of asphyxia by hanging. The petitioner contended that she was falsely implicated, has no prior criminal record, and has been in custody since 18‑Oct‑2025 while the husband of the deceased is also in judicial custody. The court examined the FIR allegations, the four‑month pre‑trial detention, and the submission of the charge‑sheet. Considering the material evidence and the petitioner’s prolonged custody, the court ordered that she be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The order was directed to be complied with by the Judicial Magistrate of Begusarai.

Issues considered

  • Whether the petitioner is entitled to regular bail under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
  • Whether the nature of the allegations and the period of pre‑trial detention justify denial of bail

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • section 103
  • section 3(5)
  • domestic violence
  • homicide
  • Patna High Court
  • custody
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11192 of 2026
                        Arising Out of PS. Case No.-182 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Hiramani Devi W/O Niraj Sah R/O Village- Lakho, Bhagwanpur, Ward No. 3,
                 P.S.- Lakho, District-Begusarai

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amit Prakash, Advocate
                 For the Opposite Party/s :        Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Lakho P.S. Case no. 182

                   of 2025 registered under sections 103(1) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the daughter of the

                   informant who was married to the son of the petitioner herein

                   was tortured by the accused persons including the petitioner

                   who happens to be the mother-in-law of the informant’s

                   daughter. She was ultimately done to death. The informant

                   further states that the cause of the occurrence was that his son-

                   in-law would always beat up his daughter and the other accused

                   persons would not intervene only for the reason that she had not

                   given birth to a boy.
Patna High Court CR. MISC. No.11192 of 2026(2) dt.25-02-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case only for the reason

          that she happens to be the mother-in-law of the deceased. The

          allegations levelled against her of indifference, torture, etc are all

          false and concocted. It is for this reason that while the occurrence is

          said to have taken place on 27.8.2025, information was given at the

          police station only on 29.8.2025. In the post-mortem examination,

          the cause of death is said to be asphyxia due to hanging. The

          allegations against the petitioner are general and omnibus in nature.

          The petitioner who has no criminal antecedent is in custody since

          18.10.2025. Chargesheet has been submitted in the case. It is lastly

          submitted by learned counsel for the petitioner that the husband of

          the deceased is in judicial custody.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations against the petitioner in

          the FIR, the petitioner being the mother-in-law of the deceased,

          the material that has transpired in course of investigation as

          dealt with in the order of the learned trial Court, the husband of

          the deceased being in custody and the petitioner having

          remained in custody for over four months since 18.10.2025 with
           Patna High Court CR. MISC. No.11192 of 2026(2) dt.25-02-2026
                                                       3/3




                     chargesheet having been submitted in the case, the Court directs

                     the petitioner to be enlarged on bail in connection with Lakho P.S.

                     Case no. 182 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees

                     Ten Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Judicial Magistrate 1st Class, Begusarai.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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